kARBANZ - this was actually the first car we'd testdriven. Decided on a Fit or Jazz after Honda Newmarket loaned us a Jazz for a afternoon when our current car was being repaired in their workshop. This particular Fit Trademe listing ticked all the boxes and the testdrive didn't disappoint. I'm not in the habit of mucking people around, and hate it when someone does it to me.
meathead_timaru,
Jan 30, 8:27pm
No, you don't have any rights. No contract to buy was formed.
skiff1,
Jan 30, 8:40pm
no, the other lady was first in the queue as she had bits of paper in her hand which can be exchanged for goods or services like Honda automobiles.
skiff1,
Jan 30, 8:43pm
Ps, the other person was there the day before you, so even by your logic (faulty) she wins.
NZTools,
Jan 30, 8:49pm
Taking a car for a test drive is NOT a commitment to buy. The other party took the car for a testdrive BEFOREyou, said they would buy it BEFOREyou, and. Paid the deposit BEFORE you. You haveno rights, and youmissed out. Live with it and stop your complaining.
kazbanz,
Jan 30, 9:27pm
Greenwing By the very fact you posted this you are "old school" in your way of doing buisiness. Theres nothing wrong with thatBUT you are by a HUGE percentage in the minority. The public blame this shift is personal ethics on the dealers. Reality is that most people aren't like you Most noticably in the Y generation. They are quick to cry out about their rights but keep silent about their responsibilities. The result is that unfortunately a sale isn't a sale untill actual money has changed hands and realistically a contract is sighned.
freedomaira320,
Jan 30, 9:35pm
Am I missing something here! You said the other party saw the car the day before. So not only were they the first to put the money down, they were also the first to enquire about it. Surely that confirms they had far higher rights to buy than you!
meathead_timaru,
Jan 30, 9:45pm
But you're OK for it to be done to other people, such as buyers who beat you to the sale by putting their money down, right!
skull,
Jan 30, 9:47pm
OP you just learned a lesson, nothing you can do about this one. It's for certain there will eventually be another manual Fit and you will be better armed with the knowledge from this bitter experience. Maybe you can put $50 holding deposit on the table as you hop into the car for your test drive, then maybe you will have some rights.
russ18,
Jan 30, 9:53pm
No one is in the wrong here, it's just a bit of bad timing. Move on.
supernova2,
Jan 30, 10:18pm
OP IMHO you are just being silly.I went to the supermarket yesterday and about 10 meters from me was a pile of pumpkins.I saw one I liked the look of but by the time I had walked 10 meters another customer had put it in their trolley.On your logic i should have screamed the place down and demanded my rights and 10 squillion in compensation.Quite frankly you need to get a life.
pauldw,
Jan 30, 10:40pm
You should have gone straight to the check out and paid for it and then it would have been yours by the prevailing logic.
supernova2,
Jan 30, 10:47pm
Ah got it now.In future I'll go to the checkout first and hand over $500.The supermarket will evict all other shoppers and I can then select anything I want.
Now how do we make that work for lotto tickets!Which ever ticket wins first division is mine no matter where or when it was bought as I wanted it first.Awesum
carstauranga001,
Jan 30, 10:50pm
Kazbanz and I do business in very similar ways. Unfortunately I too have been let down by purchasers who "promised" they were buying. I agree that the first to part with the money owns the car. Just a holding deposit. I often have people arranging their money and understand that but there are no "holds" only for sale and sold.
greenwing,
Jan 30, 10:56pm
I would have thought that as I was the one viewing and testdriving the car at that moment I had first option, not a previous looker who had to think about it overnite. I'd done all the right things - rang the dealer first to check the car was available and arrived within the hour as I had promised. Just relate it to a private situation, say I was selling a pushbike that you are interested in, so you ring me - yes its still available, yes you can come round now and testride it. You arrive, take the bike for a short ride, return and want to buy it. "Sorry mate, I've just sold the bike while you were testriding it to someone who saw it yesterday", You can't tell me you wouldn't be furious, most people would be, it's unethical, so why is this car situation any different!.
kazbanz,
Jan 30, 11:09pm
Greenwing again you live in the old world. Buyers are unfortunately nowadays not only liars but they are Liars with rights. Im dealing now with a "customer' who gave me a $500 holding deposit on a car whilst he secured finance. he then went and found another car at a cheaper price and wants his deposit back despite filling out a VOSA agreeing to buy ours. Another person wanted a vehicle inspected and said they were buying it as long as the inspection was good.Get to the mechanic and they mechanic was inspecting three other cars for this person. So again Im sorry but you have been burned bythe publics dishonesty Incidently Im not andgry at this stuff happening--it happens so often you just accept that they will lie to you.
freedomaira320,
Jan 30, 11:16pm
No I wouldn't be furious. If someone had seen the bike the day before I know I would be in the queue behind them. They also did everything right. They simply got there first. It's not unethical at all.
carstauranga001,
Jan 30, 11:17pm
We just have to run our business knowing nothing is certain untill all money paid and delivery has happened. We don't know who's ethical and who isn't. Unfortunately we have to set rules for one and for all. Simple way to operate is first to part with their cold hard cash is the "owner". And as Kaz said, even then we can be let down.
Greenwing it isn't personal, take the emotion away and understand it's business. Sounds like you've never owned and operated a business. You'd understand our viewpoint better if you did.
freedomaira320,
Jan 30, 11:18pm
I don't think this has anything to do with it. It's just timing. The other people got there first. And they backed it up by putting their money down first. They get first dibs.
greenwing,
Jan 30, 11:21pm
KAZBANZ, no no, I wasn't burned by public dishonesty, not use that as an excuse for this particular dealer, it was unethical practice by the car dealer.
carstauranga001,
Jan 30, 11:34pm
You just don't get it do you. They purchased first. This is confirmed by money changing hands, again first. You were merely sitting in and driving the car. Many people test drive and then go away to "think about it". How is the dealer to know what you might do!
End of story. move on to another car.
therafter1,
Jan 30, 11:38pm
As stated, you have no rights, but rights and ethics are two different things and I believe that the dealer has behaved unethically.
The ethical thing for the dealer to have done would have been to say to the purchasers that they had already had their opportunity to purchase, the vehicle is presently being test driven by a second potential purchaser who now have first option on the vehicle, they are due back any minute and if they decide not to purchase the vehicle then the vehicle is yours.
How hard would that have been for the dealer to do !
therafter1,
Jan 30, 11:40pm
He doesn't need to know anything, he just needs to provide you with an opportunity to return from the test drive and see what you have decided. If there is another purchaser standing there then all he has to do is say, take it or leave it, if you don't take it they will !
jmma,
Jan 30, 11:47pm
Uumm, the one standing there waiting holding the money, decides, stuff it now the dealer is mucking me around and walks away. The test driver comes back and says "No thanks". Dealer loses the sale, no steak for tea tonight (o:
therafter1,
Jan 30, 11:50pm
Uumm, if they walked away for the sake of a few minutes how serious a purchaser were they in the first place !
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